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TAX LAWS AMENDMENT (LOSS RECOUPMENT RULES AND OTHER MEASURES) ACT 2005 NO. 147, 2005 - SCHEDULE 4

- Film copyright

Income Tax Assessment Act 1936


1
Paragraph 124PA(4)(b)

Omit "whichever of sections 124U and 124UA is applicable", substitute "section 124UA".


2
Section 124U

Repeal the section.


3
Subsection 124UA(2)

Repeal the subsection, substitute:

(2)
The owner of a unit of industrial property that relates to a copyright subsisting in an Australian film may elect that this Division does not apply in relation to that unit.

Income Tax Assessment Act 1997


4
Paragraph 40-70(2)(b)

After "intellectual property", insert "(except copyright in a * film)".


5
Subsection 40-95(7) (table item 5)

After "Copyright", insert "(except copyright in a * film)".


6
Subsection 40-95(7) (table item 7)

After "copyright", insert "(except copyright in a * film)".


7
Subsection 40-100(4)

After " * non-assessable non-exempt income", insert "and, if relevant for the asset".


8
Subsection 40-105(1)

After " * non-assessable non-exempt income", insert "and, if relevant for the asset".


9
Subsection 40-105(4)

Omit "mentioned in the table in subsection 40-95(7)", substitute "to which an item in the table in subsection 40-95(7) applies".


10
Subsection 40-110(1) (example)

Repeal the example, substitute:

Example: Some examples of changes in circumstances that may result in your recalculating the effective life of a depreciating asset are:

* your use of the asset turns out to be more or less rigorous than you expected (or was anticipated by the Commissioner's determination);
* there is a downturn in demand for the goods or services the asset is used to produce that will result in the asset being scrapped;
* legislation prevents the asset's continued use;
* changes in technology make the asset redundant;
* there is an unexpected demand, or lack of success, for a film.


11
Subsection 40-110(5)

Omit "mentioned in the table in subsection 40-95(7)", substitute "to which an item in the table in subsection 40-95(7) applies".


12
Application

The amendments made by this Schedule apply to copyright in a film acquired on or after 1 July 2004.



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